IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42432 of 2010
UMESH RAM
Versus
THE STATE OF BIHAR
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3. 17.3.2011 Heard both the sides.
The case is under Section 302 of the I.P.C. and the
allegation is that the present petitioner along with other co-
accused persons committed the murder of Jagdish Ram who was
the Bahnoi of the petitioner. Jagdish Ram used to earn after
labouring in Punjab, send the major part of his earnings to his
wife through Surendra Ram who was the maternal uncle of his
wife. The wife used to keep some part of the money and hand
over the remaining part of the money to this petitioner who on
being requested to pay the money back by the deceased was not
paying up and on the pretext of Puja to be solemnised in the
household, took away the deceased. This petitioner along with
other accused strangulated him to death thereafter.
The defence of the petitioner, as may appear from
the reading of paragraph 1 of the case diary is that the deceased
was sleeping on a chauki and had fallen from it and died on that
account. But, that part of the story is completely exploded by the
Doctor who found a ligature mark continuously on the neck of
the informant suggesting that the deceased was asphyxiated to
death.
Considering the fact that the deceased had been
taken away by this petitioner and he died in the house of the
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petitioner having ligature mark on his neck the defence of the
petitioner is tale tale and considering that the Court is not
inclined to direct the release of the petitioner on bail.
The petition is dismissed.
Kanth ( Dharnidhar Jha, J.)